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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Chapter 3 : Health and Safety Representatives and Committees

36. Rights and powers of health and safety committee

 

(a) represent employees on all aspects of health and safety;
(b) participate in consultations on any health and safety matter listed in the Schedule referred to in section 97(2);

[Section 97(2) Empowers the Minister after consulting the Council to publish a notice in the Gazette that adds a further Schedule containing matters in respect of which health and safety committees may consult.]

(c) request the Chief Inspector of Mines to review any code of practice;

[The rules governing the codes of practice are set out in section 9.]

(d) request relevant information from any person who is required, in terms of this Act, to Provide that information to the committee;
(e) agree on additional qualifications or functions of health and safety representatives;
(f) request—
(i) an inspector to conduct an investigation in terms of section 60; or

[Section 60 requires an inspector to investigate serious health and safety contraventions.]

(ii) the Chief Inspector of Mines to conduct an inquiry in terms of section 65;

[Section 65 requires the Chief Inspector of Mines to direct an inspector to conduct an inquiry into the death of any person and into any health and safety contraventions.]

(g) with the approval of the employer, be assisted by or consult an adviser or a technical expert who may be either another employee or any other person;
(h) take reasonable time to prepare for each meeting of the committee; and
(i) take reasonable time to report on meetings of the committee to the health and safety representatives at the mine.

 

(2) No employer may unreasonably withhold the approval required in terms of subsection (1)(g).

 

(3) Members of health and safety committees are entitled to perform their functions and to receive training during ordinary working hours.

 

(4) Any time reasonably spent by a member of a health and safety committee for a purpose referred to in subsection (3) must be considered for all purposes to be time spent carrying out the employment duties of that member.